Hold Harmless Agreements
Our church is using the facilities of another church. They want us to sign a Usage and Hold Harmless Agreement. Our objection is the agreement says nothing about them having to exercise due diligience to maintain the property in a secure and safe condition – it just says we will hold them harmless for anything that might happen while we are using the facilities. Do these agreements have any real effect if we could prove they did not maintain the property in a secure and safe manner? thank you
Category Archives: Business Law
indemnity or release A friend owns an interior design business in NJ.
indemnity or release
A friend owns an interior design business in NJ. She is engaging the services of a contractor to build custom-made bookshelves for a client. She needs protection from liability should the contractor err in the creation or installation of the shelves, if there is damage to the client’s home, or in the event someone in the home is injured by the shelves. What type of form should the designer use to protect herself?
Do I have any legal recourse if I agree to this?
Do I have any legal recourse if I agree to this?
I am about to enter into a contract with a property management company for a condo in Myrtle Beach, SC. One of the stipulations of the contract says, ”I agree to indemnify, save or hold harmless the Agent from and against all claims, suits, damages, costs losses and expenses arising from injury to any person, persons or property occurring on or about the said premises, and relating to the performance of this agreement.”
My question is: if I agree to this, and one of the Agents employees damages the property, or if one of the Agents employees goes postal and shoots five people dead, do I have the right to legal recourse, sue the Agent for their part in the matter? Or stated another way, can the agent force me to sign awaymy right to legal action against them if they are at fault?
Limitation of Liability/Indemnification Hi There: I have started to purchase…
Limitation of Liability/Indemnification
Hi There:
I have started to purchase legal forms for when I am contracting for other companies as a consultant in the networking/computer repair field.
I would like to know if Limitation of Liability and indemnification are the same, or would you recommend that I have forms for both. Please advise as I need to be able to protect myself legally should anyone decide to take legal action against me now and in the future.
If you can advise as to what I need to think about apart from this, it would be appreciated.
Thanks for your time in this matter.
Personal Guaranties The following section appears in an LLC operating agreement.
Personal Guaranties
The following section appears in an LLC operating agreement. Need help interpreting liability.
The Members (MBR) acknowledge that certain of the Mbrs or their affiliates, parents, or family mbrs, may be called upon to personally guarantee obligations of the Company. The Mbrs may be called upon to personally guarantee loans from banks and other credit facilities for the Company. Notwithstanding that such personal guarantees to third party creditors may provide for joint and several liability of the persons executing the same, it is agreed as between the Mbrs, that each Mbr shall be responsible for his proportionate share of any Company liabilities which may be guaranteed by other Mbrs, or by himself, up to the amount of such liability or liabilities multiplied by his Percentage Equity Interest, as set forth in Schedule “A” attached hereto. To the extent a Mbr pays more than his Percentage Equity Interest as applied to such guaranteed liability, he shall have a right to indemnification from the other Mbrs for their respective shares of such guaranteed liability. This indemnification right shall include any attorneys’ fees and costs incurred by a Mbr in enforcing this indemnification agreement as against any other Mbr or Mbrs.